Case : Marathi Prakashak Parishad v. Government of India & Ors
A division bench of Justices KK Tated and PK Chavan issued notice to the Centre and State on Marathi Prakashak Parishad’s plea ( service of sale of book, essential)under the Essential Service and Maintenance Act.
Plea filed highlights that although Articles 19 and 21 have never been interpreted collectively to consider books as an essential commodity, but several judgements have considered the facility of reading and writing as part of the right to life.
The plea states that not everyone can afford laptops and smartphones, and hence books are the source of knowledge, information and education for many.
The case argues that when it comes to Article 21 of the constitution, the judiciary has not only indulged in judicial activism but also in “judicial creativity” and thus invites ‘Judicial creativity,’ from the High Court in the form of constructive intervention.
The petition finally seeks directions to the Central Government to add sale of books as an essential service in section 2(1)(a)(ix) of the Essential Services and Maintenance Act.
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